patent infringement advice

sm9ai

Free Member
Sep 5, 2011
28
2
Hi,

I need a little help with patents, I am developing an advanced room thermostat that I would like to manufacture.

I would be looking at selling to the UK market.

How do I find out if this likely to infringe any existing patents? and how do I interpret what the existing patents mean?

Thanks
Matt
 
If you email me the details I can put you in touch with my patent colleague who can help you.
 
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I would highly recommend speaking to a Chartered Patent Attorney. It is quite an art to locate all existing patents which might be relevant to your product and even if you did locate them, understanding what they mean is by no means simple.

My firm, Loven Patents & Trademarks, would be honoured to provide you with a quote for performing the search and providing you with a professional opinion as to whether your product may infringe upon another parties patent.

Please look us up by searching Loven patents on google if you need any more information.
 
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OP, I have been looking into the world of patenting recently. As others suggest, you should certainly seek advice from a competent patent attorney. But there is some leg work you can do for yourself.

I carried out various searches (US Patents can be searched on Google here: http://www.google.com/patents

And UK and European Patents can be searched for here: http://www.ipo.gov.uk/types/patent/p-os/p-find.htm

But, as others have said - the prior art search is one of the most important steps. What you may find useful is to do some research yourself to help you identify the elements of your invention which are 'novel' and document them. You will need to get a bunch of stuff down on paper, to keep costs down when you do approach a Patent Attorney. Some drawings together with a detailed description. Dig around on the links above and you will see the rough format and the sorts of information required. You should also consider a "PPA" or provisional patent so that you can obtain protection at the earliest opportunity while working out the finer details for the full application to be submitted.

I did all this, and then hired a freelancer in India (through freelancer.co.uk) who had submitted 3 or 4 patents himself to check things over, brush bits and peices up and then approached a patent attorney. This has helped keep costs down. Admittedly my invention is particularly troublesome as it is in the realms of software - which is notoriously difficult to protect, particularly in the UK.

Good luck!
 
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Hi Matt

I am a mechanical engineer and a registered European patent attorney, with experience of patenting HVAC systems.

Given that 1. you have an invention, and 2. you are intending to manufacture a product for the market, may I refer you to an earlier post on another thread which is appropriate for your circumstances.

http://www.ukbusinessforums.co.uk/forums/showthread.php?p=1747178#post1747178

However, I note your post focussed on the infringement aspect.

To answer your specific question about selling onto the UK market, if you are only selling onto the UK market at this stage, from an infringement clearance point of view you generally only need to concern yourself with UK patents, or European patents that have been validated in the UK.

To answer your question about patent interpretation, it is the "claims" section of a patent that determines the scope of the patent, i.e. what can be prevented. In particular, it is the "independent claims" that determine the scope. The key question to ask yourself is, will your product reproduce all of the essential features of one of the independent claims? Often this infringement analysis can be complicated, and if you are unsure you should of course consult an IP professional. Most will give you an initial hour or so for free.

Hope this helps. If you have any questions please do not hesitate to contact me.

Best wishes

Matthew
 
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Hi,

I need a little help with patents, I am developing an advanced room thermostat that I would like to manufacture.

I would be looking at selling to the UK market.

How do I find out if this likely to infringe any existing patents? and how do I interpret what the existing patents mean?

Thanks
Matt

http://www.ipo.gov.uk/about.htm
First go to the UK Parent office site above. Do yourself a favour and do a ton of research before parting with money and steer clear of any 'invention promotion' company. There is plenty of free advice available before you embark on what can be a very costly path.
 
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